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(영문) 청주지방법원 충주지원 2020.01.17 2019고단717

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On April 26, 2018, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Cheongju District Court. On August 17, 2018, the same court sentenced three months of imprisonment for a crime of fraud. On June 3, 2019, the Defendant completed the execution of the sentence in the Cheongju District Court on June 3, 2019.

【Criminal Facts】

On December 30, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Cheongju District Court.

On November 27, 2019, at around 20:28, the Defendant driven D C C-string-man car in the state of alcohol alcohol concentration of about 0.034% from the section of approximately 300 meters from the front of the S-U. S. B to the entrance front of the C-W.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Criminal records: A statement of criminal records, records of driving a suspect drinking, records of judgment, confirmation during the period of repeated crimes against suspects, one copy during the period of confinement for each individual, and one copy of each judgment, respectively;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination and discretionary mitigation of fines by taking into account the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the background leading up to the crime, blood alcohol concentration, and the period of recidivism. In addition, the amount of fines shall be determined by taking into account such circumstances as the crime during the period of repeated crime, criminal records, circumstances after the crime, and other conditions of sentencing.